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DISCUSSION ON THE FLOWCHART OF CIVIL PROCEDURE: Every action is based on a cause of action. You cannot go to court without a cause of action. In order words if we talk about cause of action there are three things must be taken into account. First, there must be a right, secondly, there must be an obligation to respect that right and third there must be a violation of a right. But violation of a right is not enough, that violation should have resulted to damage or injury. It is not enough that a person has a cause of action, he must also have a right to action which means that cause of action has already ripen and there is nothing that prohibits that person from filing the complaint in court. Ex. In case the case of collection of sum of money. There is a need under the New Civil Code to send a demand letter first before you can file case. In other words there is no delay unless there is a prior demand. So if A lent P5,000 to B the agreement was B will pay A on Dec 12, 2011. B was not able to pay the obligation. Does A have a cause of action? What is the right of A? The right to be paid the P5,000. What is the obligation of B? To respect the right of A to be paid. Was there a violation of As right? Yes, the obligation arise when B did not pay. So therefore, if we look at the elements of a cause of action, you have a cause of action because that obligation resulted to damage on the part of A. However, the New Civil Code tells us that before you can resort to court, there must be a demand already in order for that obligation to be due and demandable. This a fact that will affect your cause of action because even though you have a cause of action if you have not sent a demand, you can go to court but nonetheless your case will be dismissed because of failure to state a cause of action.
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a. BEST EVIDENCE RULE/ ORIGINAL DOCUMENT RULE, ORIGINAL WRITING RULE, CONTENTS OF ORIG DOCUMENT RULE: -applied only if we refer to documentary evidence. It is not applicable to object evidence. 2 questions to ask in determine whether BER applies: a. Is there a document which is involve in the case such as writing, etc b. What is the subject of inquiry? Is it the content of the document? If yes, BER applies BER tells us that if the object of inquiry is the content, no other evidence is admissible but the original document. Purpose is for the prevention of fraud. Moran states that if the party is in possession of the original and withholds it, the presumption is to commit fraud. 9. TESTIMONIAL EVIDENCE 10. POSITIVE EVIDENCE presupposes that the witness affirms that a fact did or did not occur. Ex. A says he saw C kill B
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CLASSES OF OBJECT EVIDENCE: 1. UNIQUE OBJECT EVIDENCE- there is readily identifiable marks in the evidence. Ex. 45 cal pistol serial number 2. OBJECTS MADE UNIQUE- is a category of evidence which has no identifiable marks or unique characteristic but were made unique by the court. Ex. knife used in stabbing if the person put an identifiable mark on the knife such as putting his name. 3. NON-UNIQUE OBJECT EVIDENCE- those which cannot be marked because it is impossible to do so. Such as blood stains, water.
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Object evidence may be offered either as a documentary or object evidence. A written expression stated in the object evidence can be offered as documentary evidence because it is not limited to a document. It refers to any material as proof of its contents. SC referred to the book of Fortunato Ulep citing a tombstone which can be offered both as documentary or object evidence. if what is offered is the written statement on the tombstone, it is being offered as documentary evidence. But if the tombstone is attached to the tomb, it is offered as object evidence. DOCUMENTARY EVIDENCE: Under the Rules on Evidence, if we talk about documentary evidence it need not be in writing. Take note of the rule on relevancy, competency, offer and admission of this documentary evidence. Take note of 3 impt rules, BER, SECONDARY EVIDENCE RULE AND PAROLE EVIDENCE. BEST EVIDENCE RULE/ ORIGINAL DOCUMENT RULE, OR ORIGINAL WRITING RULE OR CONTENTS OF ORIGINAL DOCUMENT RULE OR CONTENTS OF ORIGINAL WRITING RULE. This is applied only if we are talking about documentary evidence. It is not applicable when we refer to object evidence. In order to determine whether the BER applies, the first question to ask is whether there is a document involved. It is not enough that there is a document involve. If the subject of the inquiry is the contents of the document BER applies. If the subject of inquiry is the contents of the document, no evidence is admissible except the original document. The purpose of the BER is to prevent fraud. Justice Moran says that if the party is in possession of the original document and withholds it, the presumption is that the original document is being withheld for fraudulent purpose. Acebedo Optical vs. NLRC. Take note of the concept of original document. When is a document original? The document is original if the contents of which is the subject of the inquiry. When it is executed on or about the same time, with identical
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It is not necessary for a party seeking to produce secondary evidence that he establish that the original is in the actual possession of the adverse party. It is not required that the adverse party should admit that he has possession of the original document because the SC in Villa Rey Transit stated that it is enough that the circumstances indicate that the writing is in adverse partys possession or under his control. Neither is the party entitled to the custody of the instrument should on being notified that it should be produced admit having it in his possession. In an action for specific performance filed by A against B, A was asking the court to compel B to deliver a parcel of land to A considering that there was a deed of sale executed between A and B. B on the other hand denied that he had executed a Deed of Sale in favor of A. So the issues was whether or not a parcel of land was sold by B to A. What is the evidence that A should submit? The original copy of Deed of Sale. Can A present other document other than the deed of sale? No because the subject of the inquiry is the Deed of Sale. Can A present a photocopy of the Deed of Sale? No because the subject of inquiry is the contents of the Deed of Sale. But when can A present a substitutionary or secondary evidence? If A has already laid the basis for presenting secondary evidence. If there are numerous accounts or documents in an action for collection of sum of money in the amount of P500,000 but in order to establish
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As long as the marriage is existing and subsisting, the marital disqualification rule applies. It is immaterial that the matters involve to be testified are confidential or not. EXCEPTION:
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WARRANTLESS ARREST- REQUEST FOR AN INQUEST. Offense 4 yrs 2 months 1 day, Rule 112 of the Rules of Court in connection with Rule110 requires the conduct of a preliminary investigation. A complaint affidavit has to be filed with the prosecutors office, swear under oath and the case will be raffled to a investigating prosecutor. Docket fees required in cases of Estafa, BP 22 . Docket fees in criminal case are lower than in civil case. In civil case the docket fee is 1M 10,000 (estimate) Do not call the person charge as accused during preliminary investigation but RESPONDENT. Investigating prosecutor assigned has the duty to determine whether or not there is probable cause. The probable cause to be determined by prosecutor is different from that determined by the judge. The probable cause determined by the Prosecutor is whether or not there is a basis for the filing of an information, whereas the probable cause to be determined by the judge is only for purposes of issuance of a warrant of arrest. In the case of Webb vs De Leon, if you refer to probable cause during preliminary investigation, it presupposes that more likely than not, the offense was committed by respondent and so he will be liable. We do not require proof beyond reasonable doubt or absolute certainty. What we need only is an inference that more likely or not the respondent has committed the offense. If there is a basis for the filing of a case in court, the investigating prosecutor will prepare a resolution and subsequently an information to be filed in court. Note that no information will be filed in court without the approval or imprimatur of the City Prosecutor. File a motion for reconsideration if aggrieved by the resolution of the Investigating Prosecutor but this does not prevent the filing of an information in the court. Can TRO be issued against the prosecutor? General Rule:No amount of TRO or injunction or writ of prohibition will stop the public prosecutor from filing the information because the public prosecution is imbued with public interest. It is not private complainant but the state.
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All of these must appear in the information otherwise it is defective. One information equals one offense. There cannot be two offenses in one information otherwise, it will run the risk of quashing the information for
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